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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00765a Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A
PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. _;
AMENDING SECTION 4 ENTITLED "FORM OF GOVERNMENT; NOMINATION AND
ELECTION" TO AUTHORIZE THE RECALL OF THE MAYOR USING THE
PROCEDURES OF SECTION 100.361 OF THE FLORIDA STATUTES; CALLING
FOR AND PROVIDING THAT CHARTER AMENDMENT NO. WILL BE
SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD
ON NOVEMBER 6, 2012; DESIGNATING AND APPOINTING THE CITY CLERK AS
THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT
TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER
DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN
RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF
MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE
DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE
DATE FOR THIS RESOLUTION.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Section 4 of the Charter of the City of Miami, Florida, as amended ("City Charter"), is
proposed to be amended in the following particulars: {1}
"CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA
SUBPART A. THE CHARTER
Sec. 4. Form of government; nomination and election.
(b)Election of mayor and city commission; terms of office; recall.
*
The mayor and all city commissioners [are] to hold office from twelve o'clock noon five days after the
canvass of the vote by the supervisor of elections and the declaration of the result of either 1) the
general municipal election or 2) runoff election and until their successors are elected and qualified.
Commencing with the election to be held in November 2001, and all elections subsequent thereto, no
mayor or city commissioner elected and qualified for two consecutive full terms shall be eligible for
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reelection in the next succeeding term. The mayor and all other members of the city commission shall
be subject to recall. The procedures for recall set forth in Section 100.361 of the Florida Statutes
shall also apply to the Mayor. A Vacancies vacancy in the office of the mayor shall be filled as
provided in section 12[.] of this charter.
The Charter Amendment proposed in this Section shall be known as Charter Amendment No.
Section 2.In accordance with the provisions of the City Charter, as amended and §6.03 of
the Miami -Dade County Home Rule Charter, a Special Election is called and directed to be held in
the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M., on Tuesday, November 6, 2012, for the
purpose of submitting to the qualified electors of the City of Miami for their approval or disapproval
the measure known as Charter Amendment No.
Section 3.The Special Election shall be held at the voting places in the precincts
designated, all as shown on the list attached hereto and made a part hereof and referred to as
Exhibit No. 1 or as may be designated by the Supervisor of Elections of Miami -Dade County,
Florida, in conformity with the provisions of the general laws of the State. The Precinct Election
Clerks and Inspectors to serve at said polling places on said Special Election date shall be those
designated by the Supervisor of Elections of Miami -Dade County, Florida, for such purpose in
accordance with the general laws of the State. A description of the registration books and records
which pertain to special election precincts wholly or partly within the City and which the City is
adopting and desires to use for holding such Special Election is as follows: all registration cards,
books, records and certificates pertaining to electors of the City of Miami and established and
maintained as official by the Supervisor of Elections of Miami -Dade County, Florida, in conformity
with the provisions of the general laws of the State of Florida, are adopted and declared to be, and
shall hereafter be recognized and accepted as, official registration cards, books, records and
certificates of the City of Miami.
Section 4. In compliance with Section 100.342, Florida Statutes, the City Clerk is authorized
and directed to publish notice of the adoption of the herein resolution and of the provisions hereof, at
least twice, once in the fifth week and once in the third week prior to the week in which the aforesaid
Special Election is to be held, in newspaper(s) of general circulation in the City of Miami, Florida,
which notice shall be substantially in the following form:
"NOTICE OF SPECIAL ELECTION
TO AMEND THE MIAMI CITY CHARTER TO BE HELD ON
TUESDAY, NOVEMBER 6, 2012
IN THE CITY OF MIAMI, FLORIDA
PURSUANT TO RESOLUTION NO. XXX
A Special Election will be held on Tuesday, November 6, 2012 from 7:00 A.M.
until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several
special election precincts designated by the Board of County Commissioners
of Miami -Dade County, Florida, as set forth herein, unless otherwise provided
by law, and submitting to the qualified electors of the City of Miami, Florida, the
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following question:
"Shall the Miami Charter be changed to create a process that would allow the recall of the Mayor in
the same manner as the recall of the City Commissioners, using the procedures that control the recall
of members of a governing body as set forth in Section 100.361 of the Florida Statutes?
Charter Amendment No. will amend Section 4 of the Miami Charter to authorize the recall
of the Mayor using the procedures set forth in Section 100.361 of the Florida Statutes.
By order of the Commission of the City of Miami, Florida.
City Clerk
A list of City of Miami polling places follows:
(Insert list of City of Miami Polling Places.)
YES
(For the Measure)
NO
(Against the Measure)
Section 5. The official ballot to be used at said Special Election shall be in full compliance with
the laws of the State of Florida with respect to absentee ballots and to the use of the mechanical
voting machines or the Computer Election System, and shall be in substantially the following form, to
wit:
"OFFICIAL BALLOT
SPECIAL ELECTION
TUESDAY, NOVEMBER 6, 2012
FOR APPROVAL OR DISAPPROVAL OF
THE FOLLOWING QUESTION:
Charter Amendment authorizing the recall of the
Mayor using the procedures in Florida Statutes.
YES
(For the Measure)
"Shall the Miami Charter be changed to create a process that would
allow the recall of the Mayor in the same manner as the recall of the
City Commissioners, using the procedures set forth in Section 100.361
of the Florida Statutes?"
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NO
(For the Measure)
Section 6. Electors desiring to vote in approval of the Question described above, shall be
instructed to vote their selection next to the word "YES" within the ballot frame containing the
statement relating to the Question. Electors desiring to vote to disapprove the Question, shall be
instructed to vote their selection next to the word "NO" within the ballot frame containing the
statement relating to the Question. Once individuals are satisfied with their choice, they shall press
the "Vote" button and the ballot shall be cast.
Section 7. The City Clerk shall cause to be prepared absentee ballots containing the
Question set forth in Section 5 above for the use of absentee electors entitled to cast such ballots in
said Special election.
Section 8. All qualified electors of said City shall be permitted to vote in said Special Election
and the Supervisor of Elections of Miami -Dade County, Florida, is requested, authorized, and
directed to furnish, at cost and expense of the City of Miami, a list of all qualified electors residing in
the City of Miami as shown by the registration books and records of the Office of said Supervisor of
Elections and duly certify the same for delivery to and for use by the election officials designated to
serve at the respective polling places in said special election precincts.
Section 9. For the purpose of enabling persons to register who are qualified to vote in said
Special Election to be held on November 6, 2012, and who have not registered under the provisions
of the general laws of Florida and Chapter 16 of the Code of the City of Miami, Florida, or who have
transferred their legal residence from one voting precinct to another in the City, they may register
Monday through Friday, from 8:00 A.M. to 5:00 P.M. at the Miami -Dade County Elections Department
located at 111 Northwest 1st Street, Miami, Florida, within such period of time as may be designated
by the Supervisor of Elections of Miami -Dade County, Florida.
Section 10. Priscilla A. Thompson, the City Clerk of the City of Miami, Florida, is designated
and appointed as the official representative of the Commission of the City of Miami, Florida, in all
transactions with the Supervisor of Elections of Miami -Dade County, Florida, related to matters
pertaining to the use of the registration books and the holding of said Special Election.
Section 11. The City Clerk shall deliver a certified copy of this Resolution to the
Supervisor of Elections of Miami -Dade County, Florida, not less than forty-five days prior to the
date of the Municipal Special Election.
Section 12. A copy of Section 100.361 of the Florida Statutes is attached for
reference.
Section 13. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
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File Number: 12-00765a
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10)
calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by the City Commission.
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